HomeMy WebLinkAboutResolution No. R25-87 RESOLUTION NO. R25-87
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF LAUREL AND THE YELLOWSTONE VALLEY ANIMAL SHELTER, FOR THE
PROVISION OF TEMPORARY SHELTER SERVICES FOR DISPLACED
ANIMALS.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Memorandum of Understanding by and between the City of
Laurel and the Yellowstone Valley Animal Shelter, a copy attached hereto and incorporated
herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the
Memorandum of Understanding with the Yellowstone Valley Animal Shelter on behalf of the
City of Laurel.
Introduced at a regular meeting of the City Council on the 23`d day of September 2025,
by Council Member Wheeler.
PASSED and APPROVED by the City Council of the City of Laurel the 23`d day of
September 2025.
APPROVED by the Mayor the 23`d day of September 2025.
CITY OF LAUREL
Dave Waggoner, Mayof
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chele L. Braukmann, Civil City Attorney
R25-87 Approve MOU with Yellowstone Valley Animal Shelter
MEMORANDUM OF UNDERSTANDING
FOR TEMPORARY SERVICES FOR DISPLACED ANIMALS
This Memorandum of Understanding (hereinafter "MOU") is made by and between the
City of Laurel,Montana(hereinafter"the City") and Yellowstone Valley Animal Shelter,Billings,
Montana (hereinafter"YVAS"). The City and YVAS, in consideration of the material covenants
set forth in this Agreement, agree as follows:
1. PURPOSE: The purpose of this MOU is to establish a temporary cooperative arrangement
allowing YVAS to utilize kennel space located at the Laurel Police Department facility to
house dogs during the period in which YVAS's facility is affected by smoke contamination
or other temporary uninhabitable conditions.
2. TERM: This MOU shall be effective upon execution by both Parties and shall remain in
effect until terminated by either Party upon thirty(30) days' written notice, or until YVAS
resumes full operations at its own facility, whichever occurs first. This MOU is intended
to be temporary and may be amended by mutual agreement.
3. RESPECTIVE RESPONSIBILITIES OF PARTIES: The parties have the following
respective responsibilities under this MOU:
a. YVAS:
a. Transportation &Veterinary Care:
i. YVAS shall be responsible for transporting animals to and from the
Laurel Police Department kennels.
ii. YVAS shall provide necessary veterinary support and medical care for
animals housed under this MOU.
b. Animal Care:
i. YVAS shall coordinate with Laurel Police Department staff to ensure
animals are properly cared for.
ii. While YVAS remains primarily responsible for animal care, City
personnel may assist with feeding,watering, and limited exercise of the
dogs.
iii. YVAS is fully responsible for providing all food, kennel items, and
other equipment necessary for proper care of the displaced animals.
c. Adoptions &Public Access:
i. No adoptions, viewings, or public interactions with animals shall occur
at the Laurel facility.
ii. All adoption activities shall take place solely through YVAS after
animals are returned to its facility.
b. City:
a. Kennel Space:
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i. The City shall make available up to two (2) kennels for YVAS's
temporary use.
ii. At least two(2)kennels shall remain reserved for City operational needs
at all times.
iii. Any use beyond two (2) kennels shall require prior written approval
from the City.
b. Monitoring: Due to the kennel locations,City officers and Animal Control staff
may observe animals throughout the day; however, constant supervision is not
guaranteed.
4. PAYMENT: The Parties agree that no fees will be charged under this temporary
arrangement. The Parties may revisit this provision if circumstances change or the duration
of housing is extended.
5. INDEPENDENT YVAS STATUS/I.ABOR RELATIONS: The parties agree that
YVAS is an independent contractor for purposes of this Agreement and is not to be
considered an employee of the City for any purpose. YVAS is not subject to the terms and
provisions of the City's personnel policies handbook and may not be considered a City
employee for workers' compensation or any other purpose. YVAS is not authorized to
represent the City or otherwise bind the City in any dealings between YVAS and any third
parties. YVAS shall comply with the applicable requirements of the Workers'
Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. YVAS shall maintain workers' compensation
coverage for all employees of YVAS's organization, except for those who are exempted
by law. YVAS must give preference to the employment of bona fide residents of Montana
in the performance of this work.
6. INDEMNITY: The YVAS shall defend, indemnify and hold harmless City from and
against any and all claims demands, obligations causes of action, lawsuits and all damages
and liabilities fines,judgments, costs, (including settlement costs), and expenses associated
therewith (including reasonable attorney's fees and disbursements), arising from incidents
that occur the result of YVAS's negligence and for which City's sole basis of liability is
vicarious liability for the acts or omissions of YVAS. The defense and indemnification
obligations under this paragraph shall not be limited by any assertions or finding that City
is liable for any damages by reason of a non-delegable duty.
The City shall defend, indemnify and hold harmless YVAS from and against any and all
claims demands,obligations causes of action,lawsuits and all damages and liabilities fines,
judgments, costs, (including settlement costs), and expenses associated therewith
(including reasonable attorney's fees and disbursements), arising from incidents that occur
the result of City's negligence and for which YVAS's sole basis of liability is vicarious
liability for the acts or omissions of City. The defense and indemnification obligations
under this paragraph shall not be limited by any assertions or finding that YVAS, is liable
for any damages by reason of a non-delegable duty.
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7. INSURANCE: YVAS shall maintain at its sole cost and expense, commercial general
liability insurance naming City as additional insured against liability for damages for
bodily injury, including death and completed operations and property damages in a
minimum amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for each claim
and One Million Five Hundred Thousand Dollars, ($1,500,000.00),in the aggregate arising
from incidents which occur as the result of YVAS's negligence while performing any work
or service and for which the City's sole basis of liability is vicarious liability for the acts
or omissions of the YVAS or/and subcontractors. YVAS shall maintain at its cost and
expense, insurance against claims for injuries to persons or damages to property, including
contractual liability which may arise from or in connection with work or service by YVAS,
agents, employees, representatives, assigns and subcontractors. This insurance shall cover
claims as may be caused by any negligent act or omission. The policy of insurance shall be
an occurrence policy with a Best Rating of A- or better and must be in force throughout
the period.
YVAS shall name on the Certificate of liability insurance the City of Laural as additional
insured. In addition, YVAS will furnish to City a copy of the policy endorsement, CG 32
87 05 10, indicating that the City of Laurel is named as an additional insured under the
YVAS's insurance policy. YVAS agrees to furnish both the Certificate of insurance and
policy endorsement at least ten (10) days prior to beginning use of the City's kennels.
YVAS is required to maintain workers compensation insurance, or an independent
YVAS's exemption issued by the Montana Department of Labor covering YVAS and
YVAS's employees. YVAS is not, nor are YVAS's workers, employees of City. Workers
Compensation insurance or the exemption from the workers compensation obligation must
be valid for the entire period.
8. COMPLIANCE WITH LAWS: YVAS agrees to care for the displaced animals and treat
all employees involved in accordance with local, state and federal laws, ordinances, rules,
and regulations, and national standards, including the Montana Human Rights Act, Civil
Rights Act of 1964, The Age Discrimination Act of 1975 and the American with
Disabilities Act of 1990. Any subletting or subcontracting by the YVAS subjects YVASs
to the same provisions. In accordance with section Mont. Code Ann. § 49-3-207, YVAS
agrees that the hiring of persons to perform the contract will be made on the basis of merit
and qualification and there will be no discrimination based upon race,color,religion,creed,
political ideas, sex, age, marital status, physical or mental disability, or national origin by
the person performing under the contract. City agrees to comply with all local, state and
federal laws, ordinances, rules and regulations.
9. LIAISON: City's designated liaison with YVAS is the Chief of Police, and YVAS's
designated liaison with City is Triniti Halverson, Yellowstone Valley Animal Shelter
Executive Director.
10. DEFAULT AND TERMINATION: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, other party may, at its option,
terminate this Agreement and be released from all obligations if the default is not cured
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with thirty (30) days after written notice is provided to the defaulting party. Said notice
shall set forth the items to be cured. Subject to this Agreement, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law.
These remedies are cumulative and not exclusive. Use of one remedy does not preclude
use of the others. Notices shall be provided in writing and hand-delivered or mailed to the
parties at the addresses set forth in the first paragraph of this Agreement.
11. NON-WAIVER: A waiver by either party, any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such
tern or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
12. DISPUTE RESOLUTION: Any claim, controversy, or dispute between the parties, their
agents, employees, or representatives shall be resolved first by negotiation between senior-
level personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions. If the parties are unable to
resolve the dispute within thirty (30) days from the date the dispute was first raised, then
such dispute may only be resolved in a court of competent jurisdiction in compliance with
this Agreement.
13. GOVERNING LAW AND VENUE: This Agreement shall be construed and enforced in
accordance with the laws of the State of Montana. Venue for any suit between the parties
arising out of this Agreement shall be the Montana Thirteenth Judicial District Court,
Yellowstone County.
14. ATTORNEY'S FEES AND COSTS: In the event it becomes necessary for either party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party or the party
giving notice shall be entitled to reasonable attorney's fees and costs,including fees,salary,
and costs of in-house counsel to include City Attorney.
15. BINDING EFFECT: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
16. NO ASSIGNMENT: Neither the City nor the YVAS shall assign, transfer or encumber
any rights, duties or interests accruing from this Agreement without written consent of the
other.
17. NO T"WD-PARTY BENEFICIARY: This Agreement is for the exclusive benefit of
the parties, does not constitute a third-party beneficiary agreement, and may not be relied
upon or enforced by a third party.
18. HEADINGS: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
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19. SEVERABILITY: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
20. REPORTS/ACCOUNTABILITY/PUBLIC INFORMATION: Both parties agree to
develop and/or provide documentation as reasonably requested by the City or YVAS
demonstrating both parties' compliance with the requirements of this Agreement.
21. COUNTERPARTS: This Agreement may be executed in counterparts, which together
constitute one instrument.
22. INTEGRATION: The Contract Documents, which comprise the entire agreement
between City and YVAS, consist of the following:
• This Agreement; and
• YVAS's current Certificate of Insurance and Workers Compensation coverage.
All communications, either verbal or written, made prior to the date of this Agreement are
withdrawn unless specifically made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument effective the first day
of the term set forth herein.
CITY OF LAUREL, MONTANA YELLOWSTONE VALLEY ANIMAL SHELTER
6ai-14,
MAYOR TRINITI HALVERSON, Executive Director
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